The Special Investigating Unit (SIU) failed to transcribe the recorded key interviews that informed its findings against former health minister Zweli Mkhize in the R150m Digital Vibes scandal, despite his lawyers, TL Mbili Attorneys, requesting the transcripts.
News24 reports that requests were made on 13 May, then on 24 May and then again on 14 June. The latest request prompted the SIU to respond and apologise to Mkhize.
The requested records included interviews with former health department director-general Precious Matsoso, an affidavit by Digital Vibes “owner”’ Radha Hariram dated 20 May 2021, and 12 other recordings of the interviews with witnesses.
News24 reports that the information should have been part of the rule 53 record submitted to the High Court as part of Mkhize’s bid to review and set aside the SIU’s findings that he unlawfully benefited from the COVID-19 communications contract.
The rule 53 record includes the documents, evidence, arguments and other information before the court, relating to the matter under review at the time.
The review application was made eight months ago, after Mkhize’s resignation in August.
His communication adviser Vuyo Mkhize said his legal team was preparing a response to the SIU’s response. “It is beyond problematic that, a full eight months after being given a 15-day deadline to produce a full record of the evidence upon which its findings are supposedly based, the SIU is still not able to do so,” Mkhize said.
In the SIU’s letter to Mkhize’s lawyers, Robert Walser, a senior manager for civil litigation, said the agency had conducted an inquiry into the recordings of the interviews after the request on 13 May, and instructions issued that they be transcribed “as a matter of urgency”.
The SIU said the supplementary material would be filed by the end of this month.
“We appreciate that your client would need to have an opportunity to consider the further affidavit and the transcripts of the recordings and that your client may thereafter wish to file a further supplementary founding affidavit,” Walser said in his letter.
News24 article – SIU apologises to Mkhize over Digital Vibes tapes (Open access)
See more from MedicalBrief archives:
Digital Vibes: Mkhize aides said to be ready to co-operate with SIU
Mkhize continues to claim innocence on Digital Vibes allegations
Parliament’s Ethics Committee lets Zweli Mkhize off the SIU hook